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On 11 of March 2015, the new Cookie Act came into effect in the Netherlands, amending Article 11.7a of the Dutch Telecommunications act (Telecommunicatiewet) (see IRIS 2014-10/28 and IRIS 2012-7/32). The act governs access to and storage of information on a terminal of an end-user via an electronic communications network. The new Cookie Act has interesting implications for the consent requirement regarding certain types of cookies that can be deemed non-privacy invasive. The previous law already exempted functional cookies, which are technically indispensable in order to provide a requested service...

The Dutch Media Authority (Commissariaat voor de Media - CvdM), imposed a EUR 150 000 fine on NTR, an independent Dutch public service broadcaster. Each year, on the evening of 5 December, Dutch families celebrate the birthday of Saint Nicholas (Sinterklaas) with the giving of gifts. And each year, in the weeks before the festive evening, NTR airs a daily fictional news show called “Het Sinterklaasjournaal.” The show is meant for children under the age of twelve. In 2013, the broadcaster also produced and distributed wrapping paper with a Sinterklaas theme. According to the Media Authority, NTR...

On 7 October 2014, the broadcast regulator of Moldova, the Council for Coordination on Audiovisual (CCA), following a complaint on the failure to observe the principles of political balance, impartiality and objectivity in newscasts of Russian origin, issued a decision which sanctioned several Moldovan companies that re-broadcast Russian TV newscasts and other programmes. In particular, “Teleproiect, SRL” was found to be an offender in relation to its functions as an affiliate of “REN-Moldova TV”, re-transmitting in Moldova broadcasts of Moscow’s REN-TV, as well as its own programming and commercials. The...

On 25 March 2015, the Broadcasting Authority of Ireland published its new Guidelines in Respect of Coverage of Referenda. The Guidelines set out rules and advice for broadcasters in their coverage of two referenda set to take place in May 2015 (the first proposing allowing same-sex marriage and the second proposing a reduction in the age of eligibly for presidential candidates). The new Guidelines replace the previous Guidelines in Respect of Coverage of Referenda, issued in 2013 and 2011 (see IRIS 2013-8/27 and IRIS 2011-9/24). Rule 27 of the Authority’s Code of Fairness, Objectivity and Impartiality...

Although political advertising is not allowed in UK broadcasting, the Communications Act 2003 makes provision for the allocation of free party election broadcasts before elections and referendums to be shown by the major broadcasters. The broadcasts are to be allocated to major parties included in a list drawn up by Ofcom, the communications regulator, which has also drawn up a set of rules relating to the broadcasts. Each major party is entitled to at least two such broadcasts, whilst other parties are entitled to one broadcast if they are contesting one-sixth of seats in the election. The BBC...